Oyster Shell, Inc. v. Town of Damariscotta
Oyster Shell, Inc. v. Town of Damariscotta
Opinion of the Court
[¶ 1] Oyster Shell, Inc. appeals from the judgment entered in the Superior Court (Lincoln County, Mills, C.J.), in its 80B action, affirming the decision of the Da-mariscotta Board of Appeals. Because the Board of Appeals lacks authority to hear Oyster Shell’s appeal, we vacate the judgment.
[¶ 2] Oyster Shell applied to the Damar-iscotta Code Enforcement Officer (CEO)
[¶ 3] We review questions of law de novo, and “[t]he jurisdiction of the Board of Appeals is a question of law that must be ascertained from an interpretation of municipal statutes and local ordinances.” Salisbury v. Town of Bar Harbor, 2002 ME 13, ¶ 8, 788 A.2d 598. The Damaris-cotta Land Use Ordinance provides that “the Planning Board shall hear and approve, approve with modifications or conditions, or deny an application for a Conditional Use Permit.” Damarisootta Land Use ORDINANCE 9(2)(b) (1998). The ordinance clearly states that the issuance or denial of permits by the CEO shall be reviewed by the Planning Board.
[¶4] The Board of Appeals lacked authority to hear Oyster Shell’s appeal. Therefore, we vacate the judgment ol' the Superior Court, and remand for further proceedings.
The entry is:
Judgment vacated. Remanded to the Superior Court to vacate the decision of the Zoning Board of Appeals and remand to the Damariscotta Planning Board for further proceedings consistent with this opinion.
Reference
- Full Case Name
- OYSTER SHELL, INC. v. TOWN OF DAMARISCOTTA
- Cited By
- 1 case
- Status
- Published